Ontario · College of Psychologists and Behaviour Analysts of Ontario

What Happens During a CPBAO Investigation?

Not every CPBAO investigation begins with a client. There are two distinct routes into one, and the difference between them matters more than most registrants realise — because it decides whether you will have any right of review at the end. Knowing which route you are on tells you how to plan.

Two ways an investigation starts

The first route is a public complaint. Someone complains, the College investigates, and the file ends with an ICRC decision that can be reviewed by HPARB. The second route is a Registrar’s investigation under section 75 of the Procedural Code. Here there is no complainant — the Registrar has reasonable grounds to believe a member may have committed misconduct or be incompetent, often from information that reaches the College some other way, and appoints an investigator. The powers are broader, and the outcome cannot be taken to HPARB. It can only be challenged by judicial review.

You will usually be told which kind of investigation you are facing. If you are not sure, ask the case manager. It changes what is at stake and what your options are at the end.

The investigator’s powers and your duty to cooperate

An appointed investigator can require the production of records and can ask you to answer questions. Registrants have a duty to cooperate, and failing to cooperate — or obstructing the investigation — is itself a matter the College takes seriously. That does not mean you should respond off the cuff. Cooperation and careful preparation are not in tension: you can be fully compliant while still taking proper advice on how to frame written answers and which documents are responsive to what has actually been asked.

Your records and PHIPA

Psychologists worry, understandably, about handing client files to the College. The law is clear: the Personal Health Information Protection Act, 2004 permits disclosure of personal health information to the College without client consent for the purpose of an investigation. Producing the chart when the College requires it is not a breach of confidentiality — it is a lawful disclosure. Withholding records to “protect” a client is not an option and will worsen your position.

What the investigator is actually looking for

Investigations in psychology tend to concentrate on a recognisable set of issues: the adequacy and timeliness of your records; whether informed consent was properly obtained and documented; boundary and dual-relationship questions; the limits of your scope and competence; supervision arrangements where services were delegated; and whether your conduct met the Standards of Professional Conduct. The investigator gathers the evidence; the ICRC panel decides. Anticipating which standard is engaged lets you address it directly rather than defensively.

Interim orders while the investigation runs

If, during the investigation, the ICRC concludes that the alleged conduct exposes or is likely to expose clients to harm, it can make an interim order restricting or suspending your certificate of registration before any final decision. This is a risk-management step, not a finding. Because it can affect your ability to practise immediately, it is the moment at which legal representation is most valuable.

How an investigation ends

When the investigation is complete, the file goes back to an ICRC panel, which considers it on the paper record and disposes of it: no further action, advice, a written or oral caution, a SCERP, an undertaking, or a referral to the Discipline Committee for the most serious allegations. The legislation sets a 150-day target for completion, though complex files often take longer. Recordkeeping problems surfaced along the way can become findings in their own right, even if the original trigger was something else.

Your review rights depend on the route

This is where the two routes diverge. If the investigation began as a complaint, the ICRC’s decision can go to HPARB within 30 days, which reviews the adequacy of the investigation and the reasonableness of the decision. If it began as a Registrar’s investigation, there is no HPARB review — judicial review is the only route. And if the matter is referred to the Discipline Committee, the appropriate forum becomes the hearing itself, where the allegations are tested under oath. Knowing at the outset which route you are on lets you plan for the right endpoint.

This guide is general information about the College of Psychologists and Behaviour Analysts of Ontario (CPBAO) complaints, investigation and remediation process. It is not legal advice and does not create a professional relationship. For advice on your own situation, contact your professional liability insurer or a lawyer who practises regulatory or health law. Last updated July 15, 2026.